The #MeToo movement has produced constant headlines and has helped positively change corporate culture. Is it possible for its breadth to include beer ads? Sexist beer ads have traditionally been the norm. Give a scantily clad gal a beer bottle, have her hold it to the camera, give a seductive wink, and voilà, you’ve created a beer ad. You may laugh but take a look at the Miller “Service With a Smile” ad depicting a girl in a bathing suit working under a car. Or the Schlitz ad featuring a Playboy Playmate and its new “Tall Boy” can with the line, “Here’s to Big Cans!” Or perhaps the raunchiest ever, the Falstaff Beer ad with a pic of the can next to the girl, “Beer v. Girl. At least the beer cannot change its mind once you get its top off.” (more…)
Posts Tagged: Beer
On December 22, 2017, in one of the fastest-moving pieces of legislation to come across a President’s desk, President Trump signed into law a bill generally known as the “Tax Cuts and Jobs Act.” The Act will undoubtedly affect most individuals and businesses beginning with the 2018 tax year. Verrill Dana’s Tax Practice has prepared a comprehensive client advisory highlighting many of the major tax reform changes, including the numerous changes to how beer, wine and distilled spirits are taxed. These particular changes related to the beverage industry are only effective for the 2018 and 2019 tax years. (more…)
After traveling to Iceland with more than a dozen of Maine’s brewers to greet the Maine Beer Box at the Bjorfestival in Reykijavik, Verrill Dana Attorney Tawny Alvarez reflected on the importance of standing out in a global marketplace in an article for the Craft Brand & Marketing Magazine. Within the article, Tawny touches upon the ever-expanding dilemma between differentiating your brewery in a growing marketplace and adhering to regulations and increased limitations on label images. While they can create hurdles, regulations shouldn’t stop breweries from thinking global or expanding their geographic reach. Tawny explains how the Maine Brewers Guild’s Maine Beer Box is a great example of an organization in the brewing community that thought (in and) out of the box to share Maine’s craft breweries with the people of Iceland. What creative avenues can your brewery can tap into to help stand out in the growing craft brewing community? (more…)
With an alphabet soup of corporate structures available to U.S. businesses (think C-corp, S-corp, LLC, LLP, etc.) you might guess that creating another would be the last thing on the minds of new business owners. However, the success of socially mindful entrepreneurs and companies that boast both profit and positive social impact has increased interest in prioritizing social issues in addition to shareholder returns.
One recent incarnation of this concept is the benefit corporation. The term “benefit corporation” is a distinct type of legal entity and is not to be confused with the term “B-corp” which refers to a certification from the nonprofit “B Lab.” That certification is akin to Fair Trade certification as it imposes non-legal obligations that companies pledge to uphold in exchange for “B-corp” status awarded by B Lab. (more…)
The Brewers Association continues to streamline the process for eligible brewers to adopt the new independent craft brewers seal. Obtaining a license to use the new seal is relatively straightforward and only requires (1) a valid Tax and Trade Bureau (TTB) Brewer’s Notice, (2) confirmation that your brewery falls within the Brewers Association’s “craft brewer” definition, and (3) agreement to and compliance with certain licensing terms. More information about the new independent craft brewer seal can be found in our previous blog post, “In the Beer Aisle: Independent Craft Brewers to Stand Out from the Rest of the Pack(s).” (more…)
The Brewers Association (BA) recently launched a seal to certify that a craft brewer is independent. This seal is, at least in part, in response to the global beer monoliths buying up formerly independent craft brewers as the large brewers’ share of the market started to shrink. With more macro producers claiming independent micro and craft beer status via acquisitions, the time is ripe to clarify for consumers whether the beer they are buying is truly from a small, independent, craft brewery. (more…)
On June 24, the people of Reykjavik, Iceland will get a taste of Maine in their hometown – 78 taps of beer to be exact. After years of planning and a great deal of collaboration between the Maine Brewers Guild and various brewers and industry partners throughout the state, the Maine Beer Box, a traveling international beer festival, was born. The 40-foot refrigerated shipping container features 78 taps from more than 50 Maine breweries. After completing the nine-day maiden voyage to Iceland, the beer will be served to more than 1,000 people at the BjórFestival. (more…)
As purveyors of beverages containing alcohol, most craft brewers, distillers and wineries are aware of the Alcohol and Tobacco Tax And Trade Bureau (“TTB”) rules for labels, and the sometimes onerous task involved in getting those labels approved. To avoid extra expenses and delays, those who are not aware of the TTB requirements need to quickly get up to speed on those rules or engage counsel who can guide you through the process. We cannot overstate the importance of following TTB rules, and making sure every label change conforms with the rules, including new approvals where necessary. The TTB takes the rules very seriously. So seriously that it annually conducts a random compliance investigation and publicly publishes the results of that investigation. (more…)
Verrill Dana’s Breweries, Wineries & Distilleries Group is excited to sponsor this year’s Brew Talks New England, part of Brewbound’s traveling series of meetup events for professionals in the brewing industry, on October 24 at Jack’s Abby in Framingham, Massachusetts. The program will offer both educational and networking opportunities for both new and veteran brewers, distributors, retailers, investors and other professionals interested in the craft beer industry.
Learn more about the event and register here. Please note, 100% of ticket proceeds will be donated to a local charity selected by the host brewery.
We hope to see you there!
Appellate briefing to the Second Circuit was completed earlier this week in Manhattan Beer Distributors LLC v. NLRB, a case in which the NLRB, in 2015, held that Manhattan Beer Distributors violated an employee’s Weingarten rights when they terminated a distribution employee who “reeked” of marijuana after he refused to submit to a drug test without a union representative present.
In NLRB v. J. Weingarten Inc. (1975), the U.S. Supreme Court held that an employee has a statutory right to request a union representative during an investigative interview which the employee reasonably believes could result in disciplinary action. In the current action, the question was whether the submission to a drug test was “an investigatory interview” which would thus result in the employee having Weingarten rights. (more…)